Opinion
Case No. 05-20299 (PM).
July 23, 2008
Patrick J. Potter, Bar No. 08445, Jerry Hall, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C., Counsel for Michael Silver.
Alan M. Grochal, Bar No. 01447, Tydings Rosenberg, LLP, Baltimore, Maryland, Counsel for the Debtors.
Brent C. Strickland, Bar No. 22704, Stephen B. Gerald, Bar No. 26590, Whiteford, Taylor Preston, L.L.P., Baltimore, Maryland, Counsel for Scott Herrick.
STIPULATED ORDER VACATING "ORDER GRANTING MOTION FOR FEDERAL BANKRUPTCY RULE 2004 EXAMINATION OF DEBTORS"
WHEREAS, on June 11, 2008, VOX II, LLC and VOX III, LLC filed a joint Motion for Final Decree and to close these cases (the "Motion to Close Cases") [Docket No. 238];
WHEREAS, on June 19, 2008, Scott Herrick ("Herrick") filed a Motion for Examination of Michael Silver Pursuant to Bankruptcy Rule 2004 (the "Herrick Motion") [Docket No. 242];
WHEREAS, by the Herrick Motion, Herrick indicated that he sought to examine the Debtors' representative in respect of claims that Herrick asserts or may assert against the Debtors and/or their representative, Michael Silver, and/or other entities, relating to, among other things, assets transferred by Silver or the Debtors to Vox IV, LLC ("Vox IV") and Vox VII, LLC ("Vox VII"), which are also Chapter 11 debtors in this Court (jointly administered under Case No. 08-1600) (collectively, the "Herrick Claims");
WHEREAS, on June 20, 2008, the Court entered an Order Granting Motion for Federal Bankruptcy Rule 2004 Examination of Debtors (the "2004 Order") [Docket No. 243];
WHEREAS, Michael Silver took an appeal from the 2004 Order on June 27, 2008 (the "Appeal") [Docket No. 255];
WHEREAS, the Debtors desire to have the Motion to Close Cases granted; and
WHEREAS, Herrick has agreed not to object to the closing of these cases, provided that the closing of these cases does not operate to waive, diminish, impair or prejudice in any way, the Herrick Claims, which the parties agree are fully preserved and may be litigated in the Chapter 11 cases of Vox IV and Vox VII, or in a proceeding before any other court of competent jurisdiction;
WHEREAS, the parties acknowledge that the Herrick Claims are (or to the extent not yet made, will be) disputed by the Debtors, Silver and perhaps other parties, and nothing herein shall be deemed to be an acknowledgement by the Debtors or Silver as to the existence or validity of the Herrick Claims;
WHEREAS, the parties acknowledge that they are not hereby waiving any forum or jurisdiction rights with respect to the Herrick Claims or any other claims; and
WHEREAS, Michael Silver has moved to dismiss the Appeal.
NOW THEREFORE, the parties stipulate and agree as follows:
1. ORDERED, that the Herrick Motion be and hereby is withdrawn; and
2. ORDERED, that, upon dismissal of the Appeal, the 2004 Order shall be vacated; and
3. ORDERED, that the closing of these cases does not operate to waive, diminish, impair or prejudice in any way, the Herrick Claims, which the parties agree are fully preserved and shall be litigated in the Chapter 11 cases of Vox IV and Vox VII, or in a proceeding before any other court of competent jurisdiction; and
4. ORDERED, that nothing herein shall be deemed to be an acknowledgement by the Debtors or Silver as to the existence or validity of the Herrick Claims; and
5. ORDERED, that nothing herein shall be deemed to be an waiver by any party or forum of jurisdiction rights with respect to the Herrick Claims or any other claims.
SO STIPULATED:
SO ORDERED.